DONALD LEE ESBENSHADE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DONALD LEE ESBENSHADE, APPELLANT,
STATE OF FLORIDA, APPELLEE
494 So. 2d 274
Florida District Court of Appeal, Second District (1986)
Caution
Cited by 10 cases
Opinion of the Court
PER CURIAM.
Defendant appeals the order revoking his probation.
There was sufficient evidence to justify the revocation of probation, and the trial court’s oral pronouncements to that effect were not erroneous. However, the order erroneously fails to recite the conditions of probation which were violated. See Meyer v. State, 445 So. 2d 1149 (Fla. 2d DCA 1984); Dunlap v. State, 405 So. 2d 796 (Fla. 2d DCA 1981).
Accordingly, we remand for correction of the order but otherwise affirm.
RYDER, A.C.J., and CAMPBELL and LEHAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sherwin James Miller v. State, 636 So. 2d 144 (Fla. 1st DCA 1994)…n improper detention constitutes battery upon a law enforcement officer and can itself give rise to a valid arrest and conviction for the offense of resisting arrest with violence. Read v. State, 606 So. 2d 1246 (Fla. 5th DCA 1992); Savage v. State, 494 So. 2d 274 (Fla. 2d DCA 1986), review denied, 506 So. 2d 1043 (Fla.1987). The record in this case established that appellant scuffled with the officers, and indeed appellant has not asserted otherwise. Rather, it is appellant’s position that since the scuffle…
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Thomas v. State, 585 So. 2d 475 (Fla. 3d DCA 1991)…thing in the rule requires a written order. Appellant relies on cases where the trial court made oral pronouncements which did not conform to the written reasons provided. See Guerra v. State, 567 So. 2d 62 (Fla. 3d DCA 1990); Esbenshade v. State, 494 So. 2d 274 (Fla. 2d DCA 1986). Because of the inconsistencies between the oral pronouncements and the written orders, the revocations in those cases were reversed. In this case, the order revoking probation contained no written reasons, and therefore no inco…
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Boyd v. State, 988 So. 2d 1242 (Fla. 2d DCA 2008)…away from the officer in his attempt to evade arrest by fleeing. Given these two separate acts, the trial court did not err in denying Boyd’s motion for a judgment of acquittal as to the charge of resisting arrest with violence. See Savage v. State, 494 So. 2d 274, 277 (Fla. 2d DCA 1986) (concluding that evidence that appellant “struggled or wrestled with the deputy” and “struck the deputy with a flashlight” supported both a conviction for resisting with violence and a conviction for battery on a law enforcem…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dunlap v. State, 405 So. 2d 796 (Fla. 2d DCA 1981)
- Wimes v. ST. Lucie Cnty., 405 So. 2d 796 (Fla. 4th DCA 1981)
- Steel Fabricators, Inc. v. United States Fid. & Guar. Co., 445 So. 2d 1149 (Fla. 4th DCA 1984)
- Meyer v. State, 445 So. 2d 1149 (Fla. 2d DCA 1984)